BANCROFT 
LIBRARY 

o- 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


SPEECH 

^  A    V 


OP 


MR.  CLARKE,  OF  RHODE  ISLAND* 


ON 


THE  CALIFORNIA  CLAIMS. 


DELIVERED  IN  THE  SENATE  OF  THE  UNITED  STATES,  APRIL  25, 1848. 


WASHINGTON: 

PRINTED    BY   JOHN   T.    TOWERS. 

1848. 


SPEECH. 


Mr.  PRESIDENT  :  The  course  of  the  debate  upon  the  California 
claims,  has,  for  the  two  days  past,  been  restricted  by  Senators  to 
the  constitutional  power  of  Congress  to  appoint  the  commissioners 
to  adjust  them.  In  the  whole  of  the  discussion  no  doubt  has  been 
expressed,  either  as  to  their  validity,  or  to  the  propriety  of  their  just 
and  speedy  liquidation.  In  the  opening  of  the  debate  the  honorable 
Senator  from  Virginia,  (Mr.  MASON;)  took  a  much  wider  range — and 
after  a  brief  and  lucid  exposition  of  the  events  that  transpired  in  Cali 
fornia,  he  came  to  conclusions  entirely  different  from  those  to  which 
I  have  arrived  from  an  examination  of  the  same  facts,  and  the  whole 
evidence  reported  by  the  Committee  on  Mi  itary  Affairs.  In  differ 
ing  from  the  honorable  Senator  in  his  conclusion,  so  distinctly  stated 
by  himself — I  shall  do  it  with  a  deference  becoming  myself,  and  a 
courtesy  not  unacceptable  to  him.  I  will  read  from  his  reported 
speech  the  positions  to  which  I  refer — I  presume  the  report  is  cor 
rect.  The  Senator  after  speaking  of  these  claims  as  wholly  unau 
thorized  by  law,  says  : 

"  They  are  expenditures  for  military  operations,  which  were  conducted  without  the 
authority  of  the  Government.  It  becomes  important  then  to  the  character  of  our 
country,  that  these  claims,  which  we  propose  by  this  bill  to  recognize  and  pay,  should 
be  properly  and  distinctly  understood,  and  their  proper  place  assigned  them  in  the 
legislative  history  of  the  country.  If  this  be  not  done,  future  history  may  refer  to 
them  also  in  evidence  of  the  general  charge,  that  the  war  originating  in  a  spirit 
of  rapine  and  conquest,  an  insurrection  was  covertly  fomented,  in  the  remote  pro 
vince  of  California,  as  part  of  the  general  scheme  of  extended  dominion." 

Sir,  the  foregoing  shows  forth  one  of  the  deductions  of  the  honor 
able  Senator,  from  the  report  upon  these  claims,  from  which  I  totally 
dissent. 

Again,  the  Senator  says  : 

"  My  object  is  to  disconnect  the  authorities  at  home  from  this  outbreak  in  Cali 
fornia,  and  to  prove  by  testimony,  which  cannot  be  controverted,  that  the  Govern 
ment  at  home  hid  no  part  in  the  insurrection;  that  the  probability  of  such  an 
occurrence  was  unknown  to  the  Government,  and,  in  truth,  that  it  was  no  party 
to  it,  either  directly  or  indirectly" 


I  have  read,  sir,  with  much  attention  the  published  evidence  in 
relation  to  these  claims,  and  I  will  endeavor  to  show  not  only  that  the 
insurrection  in  California  was  directed  by  the  "  Government  at 
home,"  but  that  the  events,  which  transpired  there,  even  to  its  sub- 
jugation,  originated  with  the  Executive  Department  of  the  Govern 
ment,  and  were  consequent  upon  its  orders  conveyed  to  Col.  Fremont, 
and  also  to  the  commanding  officer  of  the  naval  forces  upon  that  station. 

Mr.  President,  after  the  eloquent  and  graphic  description  given  by 
the  distinguished  Senator  from  Missouri,  (Mr.  BENTON,)  of  the  ex 
plorations  of  Colonel  Fremont,  from  the  United  States  to  the  shores 
of  the  Pacific,  in  California,  and  his  subsequent  departure  from  that 
country  into  the  territory  of  Oregon — of  his  return  to  the  valley  of 
the  Sacramento,  and  the  stirring  events  which  followed  that  return, 
even  unto  the  entire  conquest  and  occupation  of  that  whole  province 
of  Upper  California,  it  is  unnecessary  for  me  to  attempt  to  give  a 
further  delineation.  I  can  add  nothing  to  the  narrative,  and  I  would 
not  mutilate  its  beauty.  I  will  only  briefly  recite  them,  just  so  far 
as  is  necessary  to  elucidate  the  occurrences,  and  show  the  facts, 
from  which  my  inferences  and  conclusions  are  drawn. 

In  the  month  of  May,  1845,  in  pursuance  of  orders  from  this  Gov 
ernment  to  him  as  an  officer  of  the  Corps  of  Topographical  Engi 
neers,  Colonel  Fremont  (then  a  brevet  captain)  left  the  United  States, 
with  a  small,  but  well  appointed  body  of  men,  on  his  third  scientific 
exploration  of  the  West,  aiming  to  seek  the  shortest  and  most  prac 
ticable  route  from  this  country  to  the  Pacific  ocean.  His  course  led 
him  through  a  portion  of  Upper  California,  then  a  State  of  the  Mexi 
can  republic,  and  with  which  the  United  Slates  was  at  peace.  He 
traversed  the  arid  plains,  and  the  lofty  mountains  of  that  region, 
hitherto  untrodden  by  the  foot  of  civilized  man,  and,  after  great  toil 
and  excessive  privations,  on  the  twenty-seventh  of  January,  1846,  he 
reached  the  neighborhood  of  Monterey,  a  port  on  the  Pacific,  in  the 
State  of  California.  We  get  this  from  a  letter  from  Thomas  O. 
Larkin,  consul  of  the  United  States  at  Monterey,  to  the  Secretary  of 

State,  dated — 

MONTEREY,  March  27,  1846. 

"  SIB  :  Captain  J.  C.  Fremont  of  the  United  States  army,  arrived  at  this  United 
States  consular  house  on  the  27th  day  of  January,  1846.  *  *  *  He  remained 
but  two  days,  in  which  time,  with  myself,  he  visited  the  commandant — Prefecto— 
Alcade,  and  Col.  Alvarado,  informing  them  that  he  was  surveying  the  nearest  route 
from  the  United  States  to  the  Pacific  ocean.  This  information,  and  that  his  men 
were  not  United  States  soldiers,  was  also,  by  myself,  OFFICIALLY,  given  to  the  Pre 
fecto.  Having  obtained  funds  and  supplies,  he  returned  to  his  camp  ;  it  being  well 
known  in  Monterey,  that  he  v  as  to  return,  when  he  collected  his  men. 


"  On  the  3d  of  March  he  encamped  on  the  rancho  of  W.  E.  P.  Hartwell,  where 
he  received  letters  from  the  General  and  Prefecto,  ordering  him  out  of  the  country, 
&c.  This  not  corresponding  with  assurances  received  at  Monterey,  he  gave  orders 
to  hoist  the  United  States  flag  the  next  morning,  as  the  only  protection  his  men 
was  to  look  to." 

"  The  General  informed  the  Alcade,  on  the  night  of  the  10th,  that  Captain  Fre 
mont  had  left  his  encampment,"  &c. 

In  offering  the  foregoing,  and  other  letters,  from  Mr.  Larkin  to  the 
committee,  Col.  Fremont  says  : 

"  Showing  the  great  care  which  he  took  to  avoid  giving  offence  to  the  said  au 
thorities,  when  he  entered  California  in  the  winter  of  1845  and  1846,  and  the  ne 
cessity  of  the  defensive  measures  which  he  then  took,  and  his  departure  from  the 
country  to  avoid  compromising  either  his  Government,  or  the  American  settlers." 

Thus,  sir,  it  seems  that  in  pursuance  of  his  researches  in  science 
and  topography,  and  with  no  motives  of  hostility,  open  or  concealed, 
he  entered  California  in  January,  1846,  and  in  obedience  to  the 
comity  due  to  the  civil  and  military  authorities,  reported  himself  to 
them,  and  asked  their  permission  to  remain  to  recruit  his  men  and 
animals,  to  fit  them  for  the  further  progress  of  his  journey  of  peace 
and  exploration.  The  Mexican  authorities,  jealous  of  these  incur 
sions,  and  incited  by  the  increasing  difficulties  between  them  and  the 
United  States,  in  March,  1846,  in  consequence  of  directions  from  the 
General  Government  in  Mexico,  ordered  Captain  Fremont  from  the 
country,  which  they  had  an  undoubted  right,  if  not  justifiable  cause,  for 
doing.  The  order  was  sudden  and  unexpected.  He  obeyed  it,  but 
not  in  fear — for  he  wrapped  himself  in  the  folds  of  the  flag  of  his 
country,  and  cautiously,  prudently,  and  judiciously,  took  his  own  good 
time  for  his  departure  from  the  country,  whose  hospitality  had  been 
withdrawn.  He  left  the  country  of  California,  by  slow,  but  cautious 
marches,  avoiding  all  collision  with  its  authorities,  and  after  a  tedious 
and  hazardous  journey,  amidst  hostile  and  excited  savages,  we  find 
him  early  in  the  succeeding  month  of  May,  encamped  in  Oregon,  on 
the  border  of  the  Tlamath  lake.  His  position  there  is  so  beautifully 
described  by  the  Senator  from  Missouri.  (Mr.  BENTON,)  that  he  will 
excuse  me  for  reading  and  adopting  it.  He  says  : 

"  It  was  in  the  midst  of  such  dangers  as  these,  that  science  was  pursued  by  Mr. 
Fremont,  that  the  telescope  was  carried  to  read  the  heaven — the  barometer  to  mea 
sure  the  elevations  of  the  earth— the  thermometer  to  measure  the  temperature  of 
the  air — the  pencil  to  sketch  the  grandeur  of  mountains,  and  to  pencil  the  beauty 
of  flowers — the  pen  to  write  down  whatever  was  new  or  strange,  or  useful  in  the 
works  of  nature.  It  was  in  the  midst  of  such  dangers  as  these,  and  in  the  wildest 
regions  of  the  farthest  West,  that  Mr.  Fremont  was  pursuing  science,  and  shunning 
war,  when  the  arrival  of  Lieut.  Gillespie  turned  him  back  into  California,  and  en-- 


gaged  him  in  the  operations  which  gave  rise  to  the  bill  which  now  claims  the  at 
tention  of  the  Senate." 

Thus,  sir,  we  see  this  gallant  and  accomplished  young  officer,  with 
a  discretion  far  beyond  his  years,  and  a  prudence  which  has  never 
left  him — uninformed  ol  the  stirring  events;,  which  day  by  day  were 
transpiring  between  his  country  and  Mexico — calmly,  but  without 
fear,  yielding  up  the  hospitality  that  had  been  accorded  to  him  in 
California — avoiding  every  collision  with  her  authorities — "  shunning 
war,"  seeking  the  undisputed  territory  of  Oregon,  and  resting  him- 
self  and  his  men,  amidst  its  wild  and  almost  unexplored  regions. 

What,  sir,  turned  Col.  Fremont  back  from  his  peaceful  track,  into 
the  country  he  had  so  recently  left,  to  lend  himself  to  purposes  so 
different  from  those  he  had  steadily  entertained  ?  What  turned  him 
from  pursuing  science  to  seeking  war?  It  was  the  meeting  on  the 
9lh  of  May,  with  Lieut.  Gillespie,  who  came  charged  to  him  with 
despatches  and  instructions  from  the  Executive  of  the  United  States, 
which  turned  him  back  into  California,  and  induced  the  insurrection 
and  revolution  in  that  country,  which  ended  in  its  subjugation. 

In  Lieut.  Gillespie's  deposition,  reported  by  the  committee,  at  page 
30,  he  says  : 

"  In  reply  to  the  inquiry  of  the  honorable  committee,  whether  I  was  charged 
with  any  message  or  mission  from  the  Government  to  Captain  Fremont,  when  I 
joined  him  on  the  Tlamath  lake,  in  May,  1846,  I  beg  leave  to  state,  that  early  in 
November,  1845,  I  received  orders  from  the  President  and  Secretary  of  the  Navy, 
Mr.  Bancroft,  to  proceed  to  California,  by  way  of  Vera  Cruz,  and  the  shortest  route 
through  Mexico  to  Mazatlan,  &c.  I  was  the  bearer  of  a  duplicate  of  the  despatch 
to  the  United  States  consul  at  Monterey,  as  also  a  packet  for  /.  C.  Fremont,  Esq., 
and  a  letter  of  introduction  to  the  latter  gentleman,  from  the  Hon.  James  Buchan 
an.  The  former,  (viz:  the  letter  to  Larkin,)  I  destroyed  before  entering  the  port 
of  Vera  Cruz,  having  committed  it  to  memory.  The  packet jand  letter  of  introduc 
tion  I  delivered  to  Capt.  Fremont,  on  the  9th  of  May,  in  the  mountains  of  Oregon." 

Mr.  President,  the  letter  from  the  Secretary  of  State,  a  duplicate 
of  which,  from  memory,  was  given  to  Captain  Fremont,  is  hidden 
from  our  and  the  public  view.  A  copy  was  called  for  by  the  Senate, 
and  was  received  and  marked  "  confidential,"  and  reposes  as  quietly 
in  your  Executive  archives,  as  it  would  have  done  if  it  had  remained 
uncalled  for,  in  the  archives  of  the  Department  of  State.  I  can  only 
speak  of  it  as  it  comes  to  us  in  this  report,  and  to  infer  its  character 
and  import  from  the  fact  that  it  was  deemed  unsafe  to  take  it  info 
'Mexico,  and  hazard  its  discovery  by  the  authorities  of  that  country, 
and  that  Lieut.  Gillespie,  after  committing  it  to  memory,  tore  it  up 
and  buried  it  in  the  deep  waters  of  the  Gulf.  Its  substance  was  miide 


known  to  Capt.  Fremont,  and  it  bore  date  in  October,  1845.  Again, 
sir,  he  had  a  package  for  Mr.  Fremont,  from  Senator  Benton  and  his 
family*  What  were  the  contents  of  this  package  it  is  not  our  busi 
ness  to  inquire.  But,  sir,  I  will  venture  the  assertion,  that  the  wrs- 
dom  and  prudence  of  the  father  never  urged  the  son  from  the  pursuit 
of  science  to  scenes  of  insurrection  and  revolution;  nor  did  the  fond 
affection  of  the  wife  turn  the  husband  of  her  love  from  the  path  of 
peace,  into  hazard  and  dangers,  of  bloodshed  and  strife.  There  was 
also  a  letter  from  Mr.  Buchanan,  which,  as  a  new  and  singular  speci 
men  of  diplomacy,  1  beg  leave  to  read.  It  is  as  follows  : 

WASHINGTON,  November  3,  1845. 

MY  DEAR  SIR:  The  bearer  hereof,  Mr.  Archibald  H.  Gillespie,  is  about  to  visit 
the  northwest  coast  of  America  on  business,  and  has  requested  me  to  give  him  a 
letter  of  introduction  to  you.  This  I  do  with  pleasure,  because  he  is  a  gentleman 
of  worth  and  respectability,  and  is  worthy  of  your  regard.  I  do  not  deem  ft  pro 
bable  that  he  will  fall  in  with  you  ;  but  if  he  should,  allow  me  to  bespeak  for  him 
your  friendly  attention.  He  will  be  able  to  communicate  to  you  information  of  the 
health  of  Mrs.  Fremont,  and  of  Col.  Benton  and  his  family. 
From  your  friend,  very  respectfully, 

JAMES  BUCHANAN. 
J.  C.  FREMONT,  Esq.,  Oregon. 

What  means  this  cautious  and  guarded  letter  from  the  Secretary  of 
State  ?  It  was  forwarded  by  Mr.  Gillespie,  who  passed  through 
Mexico  in  the  guise  of  a  merchant,  and  accredited  him  for  all  official 
purposes.  It  says  :  "  I  do  not  deem  it  probable  that  he  will  fall  in 
with  you."  Was  it  so  ?  Was  he  not  sent  with  a  direct  purpose  of 
finding  Capt.  Fremont ;  and  was  he  not  accredited  to  him  by  this 
letter,  no  matter  how  equivocal,  as  an  authorized  agent  of  the  Govern 
ment,  and  was  not  the  letter  to  Larkin  an  exposition  of  the  wishes, 
if  not  the  command  of  the  Government  ?  Sir,  the  wishes  of  the 
President  are  commands  to  the  military  officers  of  the  Government, 
and  these  wishes,  so  conveyed,  authorized  all  the  acts  which  were 
performed  by  Col.  Fremont  and  his  men,  prior  to  the  knowledge  that 
war  existed  between  this  country  and  Mexico.  To  be  sure  General 
Taylor  had  then  passed  to  the  Rio  Grande,  with  orders  to  maintain  him 
self  there,  as  being  the  western  boundary  of  Texas  ;  but  the  events 
in  California  took  date  from  November,  1845,  and  all  subsequent  oc 
currences  were  unknown  to  Col.  Fremont,  and  he  was  governed 
alone  by  the  communications  of  Gillespie.  How,  then,  can  it  be 
said  that  he  acted  upon  his  own  responsibility  in  aiding  the  revolution 
in  California,  and  that  no  portion  of  the  responsibility  rests  upon  the 
"  Government  at  home,"  when  his  return  for  the  very  purposes  su'-*- 
sequently  developed  was  by  the  expressed  orders  or  wishes  of  that 


8 

Government,  and  the  whole  has  been  sanctioned  and  approved.  Gil- 
lespie's  mission  produced  it — and  in  all  the  successive  acts  he  was 
aiding  and  assisting  Col.  Fremont. 

From  such  evidence,  shadowed  forth  in  these  pages,  I  deny  that 
Col.  Fremont  acted  without  orders  ;  and  I  deny  that  these  claims,  an 
tecedent  to  the  knowledge  of  a  war,  are  in  any  manner  different  from 
those  which  succeeded  that  event. 

Mr.  President,  in  confirmation  of  a  predetermined  intention  to  take 
possession  of  California,  I  refer  the  Senate  to  the  letter  of  instruction 
from  the  Secretary  of  the  Navy,  dated  June  23,  1845,  to  Com.  Sloat, 
conveying  to  him  the  same  directions  which  were  given  to  Col.  Fre 
mont  through  Lieut.  Gillespie,  at  a  subsequent  date,  and  all  before 
the  existence,  or  a  reasonable  expectation  of  the  existence,  of  a  war 
with  Mexico.  We  find  in  the  report  of  the  committee,  a  letter  of 
apology  from  Com.  Sloat,  dated  the  Gth  of  June,  1846,  to  the  Secre 
tary  of  the  Navy,  in  which  he  says  : 

"  I  have,  upon  more  mature  reflection,  come  to  the  conclusion  that  your  instruc 
tions  of  the  24th  of  June  last,  and  every  subsequent  order,  will  not  justify  my  taking 
possession  of  any  part  of  California,  or  any  hostile  measures  against  Mexico,  as 
neither  party  have  declared  war." 

This  was  the  construction  put  upon  those  orders  by  the  too  cautious 
commander  of  the  U.  S.  naval  forces  in  the  Pacific  ;  and  for  this 
caution  he  was  subsequently  reprove1.!  and  dismissed  from  the  com 
mand,  and  charged  by  the  Department  with  unwarrantable  inactivity. 

I  beg  leave  to  submit  a  letter  from  the  Secretary  of  the  Navy  to 
Com.  Sloat,  dated  the  13th  of  August,  1846,  which  fully  explains  the 
views  of  the  Government,  and  severely  reproves  the  Commodore  for 
his  cautious  delay : 

"  U.  S.  NAVY  DEPARTMENT, 

Washington,  August  13,  1846. 

'•COMMODORE:  The  Department  has  received  your  letter,  No.  51,  of  June  6,  from 
which  it  appears  that,  while  you  were  aware  of  the  existance  of"  actual  war"  be 
tween  the  United  States  and  Mexico,  you  remained  in  a  state  of  inactivity,  and 
did  not  carry  out  the  instructions  of  June  24,  1845,  framed  to  be  executed  even  in 
the  event  of  the  mere  declaration  of  war,  much  more  in  the  event  of  actual  hostili 
ties.  Those  instructions  you  were  ordered  to  carry  out  "at  once." 

"In  my  letter  of  August  5,  1845,  the  receipt  of  which  you  acknowledged  on  the 
28th  January,  1846,  referring  to  them,  I  said  :  "  In  the  event  of  war  you  will  obey 
the  instructions  recently  addressed  to  you  via  Panama."  In  my  letter  of  October 
17,  1845,  of  which  you  acknowledge  the  receipt  on  the  17th  of  March,  1846,  refer 
ring  to  thece  instructions  once  more,  I  said  further  :  "  In  the  event  of  actual  hostili 
ties  between  the  Mexican  Government  and  our  own,  you  will  so  dispose  of  your 
whole  force,  as  to  carry  out  most  effectually,  the  objects  specified  in  the  instructions 
forwarded  to  you  from  the  Department,  in  view  of  such  a  contingency."  And  surely 
there  is  no  ambiguity  in  this  language. 


"And  in  my  letter  of  the  23d  of  February  last,  sent  through  Mexico,  I  remarked: 
"  This  letter  is  sent  to  you  overland,  enclosed,  as  you  suggest,  to  Messrs.  Mott,Tal* 
hot,  &  Co.  Mazatlan,  and  you  will  readily  understand  the  reserve  with  which  it  £ 
written." 

"The  Department,  on  August  5,  1845,  had  also  told  you  that  "  your  force  should 
not  be  weakened,  while  hostilities  are  threatened  in  Mexico."  Your  course  was 
particularly  approved  in  detaining  the  frigate  Constitution. 

"The  Department  will  hope  that  a  more  urgent  necessity  than  as  yet  appears,.ex- 
isted  for  the  otherwise  premature  return  of  that  vessel. 

"The  Department  willingly  believes  in  the  purity  of  your  intentions.  But  your 
anxiety  not  to  do  wrong  has  led  yot  into  a  most  unfortunate  and  unwarrantable 
inactivity. 

Very  respectfully,  yours, 

GEORGE  BANCROFT." 

Commodore  JOHN  D.  SLOAT, 

Commanding  U.  S.  Naval  Forces  in  the  Pacific  Ocean. 

A  most  striking  coincidence  also  demands  attention.  This  letter 
of  censure  and  recall  to  Commodore  Sloat  bears  date  on  the  same 
day  that  Commodore  Siockton  and  Colonel  Fremont  had  completed 
the  conquest  of  Upper  California  at  Ciudad  de  los  Angelos.  In  this 
connection  there  is  another  singular  coincidence,  showing  how  the 
wishes  of  the  Government  had  been  fulfilled  by  its  active  and  efficient 
officers  in  service  in  California,  even  before  direct  and  open  orders 
were  given  for  the  conquest  of  that  country.  On  the  1 1th  July,  1846, 
the  flag  of  the  United  States  was  hoisted  by  Col.  Frement  at  Sono 
ma,  (it  having  been  hoisted  on  the  7th  of  the  same  month  at  Monte 
rey  by  Com.  Sloat,)  both  anticipating  the  order  from  the  Navy  De 
partment,  dated  on  the  12th  of  July,  one  day  after  more  than  one- 
half  of  Upper  California  had  been  subjected  by  Col.  Fremont  and  the 
battalion  under  his  command,  to  his  undisputed  military  occupation. 
In  proof  of  this,  I  read  the  instructions  given  by  the  Navy  Depart 
ment  to  Com.  Sloat,  on  the  12th  of  July,  1846  :  Bancr  fr  f  ck 

"  The  object  of  the  United  States  is,  under  its  rights  as  a  belligerant  nation,  to 
possess  itself  entirely  of  Upper  California. 

"  The  object  of  the  United  States  has  reference  to  ultimate  peace  with  Mexico  j 
and  if,  at  that  peace,  the  basis  of  the  uti  possidetis  shall  be  established,  the  Gov 
ernment  expects,  through  your  forces,  to  be  found  in  actual  possession  of  Upper 
California. 

"  This  will  bring  with  it  the  necessity  of  a  civil  administration.  Such  a  Govern 
ment  should  be  established  under  your  protection  ;  and  in  selecting  persons  to  hold 
office,  due  respect  should  be  had  to  the  wishes  of  the  people  of  California,  as  well 
as  to  the  actual  possessors  of  authority  in  that  province.  It  may  be  proper  to  require 
an  oath  of  allegiance  to  the  United  States  from  those  who  are  intrusted  with  author 
ity.  You  will  also  assure  the  people  of  California  of  the  protection  of  the  United 
States. 


10 

"After  you  shall  have  secured  Upper  California,  if  your  force  is  sufficient,  you 
will  take  possession,  and  keep  the  harbors  on  the  Gulf  of  California,  as  far  down, 
at  least,  as  Guaymas.  But  this  is.  not  to  interfere  with  the  permanent  occupation 
of  Upper  California." — Doc.  H.  R.  19— 2d  sess.  29*A  Congress— pp.  81-2. 

If  he  who  does  his  master's  bidding  is  entitled  to  commendation, 
how  much  more  is  he  entitled  to  it  who  anticipates  that  will,  and 
precedes  its  open  expression  by  a  full  and  perfect  performance  ?  This 
pre-existing  determination  for  the  military  occupation  of  California 
may  also  be  seen  fr.om  a  letter  of  instruction  "From  the  Secretary  of 
War  to  Gen.  Kearney,  datei  the  3d  of  June,  1846— just  twenty. one 
days  after  the  war  with  Mexico  existed  : 

"  Should  you  conquer  and  take  possession  of  New  Mexico  and  Upper  California,  or 
considerable  places  in  either,  you  will  establish  temporary  civil  governments  therein, 
abolishing  all  arbitrary  restrictions  that  may  exist,  so  far  as  it  may  be  done  with 
safety.  In  performing  this  duty,  it  would  be  wise  and  prudent,  to  continue  in  their 
.  employment,  all  such  of  the  existing  officers  as  are  known  to  be  friendly  to  the  United 
States,  and  will  talv£  the  oath  of  allegiance  to  them.  The  duties  of  the  custom 
houses  ought,  at  once,  to  be  reduced  to  such  a  rate  as  may  be  barely  sufficient  to 
maintain  the  necessary  officers  without  yielding  any  revenue  to  the  Government. 
You  may  assure  the  people  of  those  provinces  that  it  is  the  wish  and  design  of  the 
United  States  to  provide  for  them  a  free  government,  v?\(h  the  least  possible  delay, 
similar  to  that  which  exists  in  our  territories.  They  will  then  be  called  on  to  ex 
ercise  the  rights  of  freeman  in  electing  their  own  representatives  to  the  territorial 
legislature.  It  is  forseen  that  what  relates  to  the  civil  government  will  be  a  diffi 
cult  and  unpleasant  part  ot  your  duty,  and  much  must  necessarily  be  left  to  your 
own  discretion." — Doc.  H.  R.  19— 2rf  sess.  29^  Congress,— p.  5. 

One  more  evidence,  if  more  is  needed,  to  show  the  positive  deter 
mination  of  the  Government  to  possess  and  hold  California,  is  found 
in  the  order  from  the  Navy  Department  to  Commodore  Stockton, 
dated  the  13th  of  August,  1846,  or  to  the  commanding  officer  in  the 
Pacific  : 

"  You  will  take  immediate  possession  of  Upper  California,  especially  of  the  three 
ports  of  San  Francisco,  Monterey,  and  San  Diego,  so  that  if  the  treaty  of  peace  should 
be  made  on  the  basis  of  the  uti  possidetis,  it  may  LEAVE  CALIFORNIA  TO  THE  UNITED 
STATES." 

With  this  accumulated  evidence  of  the  views  and  intentions  of  the 
Executive  Government,  can  the  Senator  say  that  "  these  operations 
were  conducted  without  the  authority  of  the  Government."  I  agree 
with  him  "that  it  becomes  important  to  the  character  of  our  country 
that  these  claims,  which  we  propose  by  this  bill  to  recognize  and 
pay,  should  be  properly  and  distinctly  understood."  And,  I  think, 
they  present  "  a  part  of  the  general  scheme  of  extended  dominion." 

Sir,  let  us  return  to  Col.  Fremont.  Immediately  after  his  inter 
view  with  Lieut.  Gillespie,  on  the  borders  of  the  Tlamath  lake,  in 


11 

May,  1846,  lie  turned  his  course  into  California,  and  on  the  24th  of 
that  month  reached  the  settlements  in  the  valley  of  the  Sacramento. 
These  settlers  were,  I  suppose,  expatriated  citizens  of  the  United 
States,  and  how  far  international  comity  allows  their  protection,  after 
the  act  of  expatriation,  is  a  question  of  much  importance.  Under 
some  circumstances,  it  would  be  a  question  kof  vital^  importance. 
These  settlements  and  the  settlers,  Col.  Fremont  protected.  Under 
his  countenance  insistence  was  made  against  the  Mexican  authorities' 
The  plans  for  throwing  off  the  Mexican  authority  were  laid,  and  the 
revolution  was  encouraged,  which  separated  California  forever  from 
the  Mexican  power.  Colonel  Fremont  says  in  his  deposition  : 

"  The  letter  from  the  Secretary  of  State  accredited  the  bearer  to  me,  and  indi 
cated  a  purpose  in  sending  it,  which  was  intelligibly  explained,  &c.  This  officer, 
(Lieut.  Gillespie,)  informed  me  that  he  had  been  directed  by  the  Secretary  of  State 
to  find  me,  and  to  acquaint  me  with  his  instructions,  which  had  for  their  principal 
objects  to  ascertain  the  disposition  of  the  California  people,  to  conciliate  their  feel 
ings  in  favor  of  the  United  States,"  &c. 

And  this  in  a  country  with  which  we  were  at  peace,  and  against 
the  Government  of  which  every  invective  has  been  cast,  and  every 
species  of  injustice,  treachery,  and  bad  faith  has  been  charged. 

Upon  his  arrival  on  the  Sacramento,  the  settlers,  as  they  are  called, 
desired  protection — a  courier  was  sent  to  him  from  Sonoma  asking 
decisive  action.  On  the  25th  of  June,  he  decided  to  march  against 
the  forces  of  Mexico,  under  de  la  Torre.  He  set  Gen.  Castro  at  de 
fiance,  and  quietly,  under  his  protection,  the  flag  of  Californian  inde 
pendence  was  raised  at  Sonoma,  on  the  5th  day  of  July.  Immediately 
Col.  Fremont  organised  his  battalion,  to  follow  Castro  to  the  south. 
On  the  7th,  Com.  Sloat  raised  the  United  States  flag  at  Monterey. 
News  ot  the  existence  of  war  reached  Sonoma  on  the  10th  of  July. 
On  the  llth,  the  flag  of  independence  was  hauled  down,  (having  had 
a  brief  existence  of  six  days,)  and  the  flag  of  the  United  States  was 
run  up.  Thus  ended  the  insurrection  and  revolution,  and  all  subse 
quent  acts  were  executed  under  the  known  existence  of  war.  At  once 
Col.  Fremont  started  for  Monterey,  to  co-operate  with  the  naval  forces 
there  ;  and  the  Mexican  General,  Castro,  retreated  before  him,  leav 
ing  the  country  an  unresisting  acquisition.  Sir,  he  came,  he  saw, 
he  conquered.  He  drove  before  him  the  Mexican  power  in  Califor 
nia,  and  made  a  conquest  of  the  country,  and  all,  they  say,  without 
authority  or  sanction  of  his  Government.  This  is  disproved  by  the 
evidence. 

Suppose  no  war  had  taken  place  with  Mexico — suppose  the  mission 
of  Mr.  Slidell  to  the  Republic  had  been  successful,  I  ask  what  would 


12    . 

have  been  the  condition  of  Col.  Fremont?  In  November,  1845,  Mr,, 
Slidell  left  this  country  for  Mexico,  on  a  mission  of  peace,  with  the 
olive  branch  in  his  hand,  and  the  assurance  of  friendship  upon  his  lips. 
He  went  to  settle  the  boundary  between  Texas  and  Mexico,  which 
we  claimed  to  be  the  Rio  Grande  ;  and  also  to  provide  for  the  pay 
ment  of  certain  indemnities  due  to  our  citizens  from  that  country. 
That  mission  was  unsuccessful,  rather  from  its  unfortunate  inception, 
and  the  instability  of  the  Mexican  Government,  than  from  its  true  aim 
and  end.  War  ensued,  and  all  preceding  acts  became  merged  in 
that  absorbing  event.  But  suppose  the  demands  of  this  Government 
had  been  acquiesced  in  by  the  Mexican  Republic,  upon  what  could  Col. 
Fremont  have  relied  for  a  justification  of  his  acts  of  revolution  and 
conquest  in  California  ?  He  had  this  anomalous  and  equivocal  letter 
from  Mr.  Buchanan,  and  the  living  memory  of  Lieut.  Gillespie,  alone 
to  sustain  and  justify  him  for  these  high  handed  operations  in  Cali 
fornia.  Suppose  Mr.  Gillespie  had  died  in  the  course  of  events  in  that 
country,  the  letter  alone  of  Mr.  Buchanan  would  have  constituted  the 
whole  justification  of  this  accomplished  and  gallant  officer,  who  peril- 
led  life  and  reputation  upon  a  tenure  so  frail.  Is  his  authority  denied  ? 
When  has  the  Government  ever  disavowed  any  act  performed  by  Col. 
Fremont,  when  has  he  been  charged  with  fomenting  insurrection  and 
revolution  ;  and  when  has  his  resistance  to  the  Mexican  authority, 
ending  as  it  did  in  the  subjugation  of  the  country,  been  reproved  or 
condemned  ?  Never,  sir.  All  the  acts  of  Col.  Fremont,  and  their 
consequences,  have  passed  into  the  acquision  of  the  country,  and  he 
is  not  reproved  ;  but  we  are  told  his  acts  were  without  authority. 

Mr.  President,  the  former  explorations  of  Col.  Fremont  through  the 
wilderness  of  the  extreme  West  have  given  him  an  enviable  reputation 
in  the  world  of  science.  His  maturity  of  thought,  and  polished  and 
cultivated  intellect,  united  to  a  firm  resolution,  and  a  courage  that 
never  quailed — all  eminently  fitted  him  for  the  mission  he  so  well  and 
so  readily  undertook  and  performed.  His  energy  of  character  quali 
fied  him  for  the  position  in  which  his  Government  had  placed  him. 

If  we  condemn  this  invasion  of  the  territory  of  a  friendly  power,  I 
would  not  be  understood  as  reflecting  upon  the  man,  who  in  obedience 
to  the  wishes  of  his  Government,  conducted  that  invasion,  and  carried 
out  those  wishes  to  the  entire  subjugation  of  the  country.  I  would 
not,  sir,  take  a  feather  from  his  plume,  nor  a  sprig  from  the  garland 
that  encircles  his  brow.  Whatever  may  be  the  rigid  rules  of  war, 
or  the  technecalities  of  the  service,  under  which  this  officer  has  suf 
fered,  his  honor  is  untarnished.  His  high  reputation  as  a  soldier  is  un- 


spotted.  The  crowning  act  of  his  eventful  life  is  fresh  in  our  recol 
lection.  When  the  commission  which  he  bore,  and  which  he  would 
have  yielded  up  only  with  his  life,  became  tainted  with  censure,  firm 
ly  he  tendered  it  back  to  the  Executive  whom  he  had  obeyed,  and  to 
the  country  which  he  had  served  so  faithfully.  He  is  now  a  citizen 
amongst  us,  and  deserves  all  our  confidence.  He  is  identified  with  the 
events  in  California,  and  who  so  fitting  as  him  to  bring  these  claims 
to  a  just  and  proper  conclusion. 

The  honorable  Senator  from  Virginia,  (Mr.  MASON,)  says  "future 
history  may  refer  to  these  events,  if  not  contradicted,  as  evidence  of 
the  general  charge  that  the  war,  originating  in  a  spirit  of  rapine  and 
conquest,  was  part  of  the  general  scheme  of  extended  dominion." 
And  is  it  not  so? 

When  the  historian  shall  take  his  pen  to  write  down  for  posterity 
the  origin  and  the  causes  of  this  war,  he  will  say  that  in  the  year 
1845,  the  State  of  Texas,  once  a  State  of  the  Mexican  Republic,  was 
forever  severed  from  her  by  annexation  to  the  United  States.  That 
the  western  boundary  of  the  State  had  been  the  Nueces,  but  that 
Texas  had  by  some  act  asserted  a  claim  to  the  Rio  Grande.  That 
in  the  month  of  November,  1845,  in  pursuance  of  the  purposes  of 
peace,  which  the  United  State?  proposed  we  sent  a  special  mission  to 
Mexico  to  adjust  all  differences  between  us — professing  for  Mexico 
the  utmost  friendship,  and  proffering  to  her  a  cordial  feeling  of  amity. 
The  historian  will  seek  your  archives,  and  he  will  see  the  President's 
message  of  December,  1845,  full  of  the  spirit  of  peace  and  depreca 
ting  war.  That  nothing  is  desired  from  Mexico  but  a  fair  adjustment 
of  our  boundary,  and  a  suitable  provision  for  the  claims  of  our  citi 
zens.  He  will  see  in  your  archives  the  act  that  "  war  existed  by  the 
act  of  Mexico"  by  an  invasion  of  the  country  east  of  the  Rio  Grande, 
and  "  shedding  American  blood  upon  American  soil."  He  will  read 
our  official  documents,  that  the  war  was  unprovoked.  Such  is  the  pic. 
ture  which  may  command  his  attention  Jiere,  and  is  claimed  by  the 
Administration  to  be  just.  But  when  he  turns  his  eyes  to  the  acqui 
sition  of  California  and  New  Mexico,  resulting  from  this  war,  he  will 
take  up  this  volume  of  evidence  of  eighty  pages,  and  will  say :  yet, 
whilst  the  United  States  were  professing  to  be  governed  by  a  spirit  of 
justice,  and  love  of  peace  upon  the  eastern  border  of  Mexico,  differ 
ent  indeed  was  her  course  in  regard  to  those  States  of  Mexico  in  the 
west.  Early  in  November,  1845,  she  sent  an  officer  in  her  service, 
with  secret  and  unavowed  instructions  to  her  consular  agent  in  Cali 
fornia — and  called  from  his  pursuits  of  scientific  and  topogrophical 


14 

surrey — a  gallant  officer  and  his  attendants,  to  foment  rebellion,  and 
aid  in  revolutionizing  the  Government  of  California.     He  will  point 
to  the  mission  and  the  evidence  of  Lieut.  Gillespie,  and  to  the  letter  of 
Mr.  Buchanan,  which  even  then  will  have  lost  none  of  its  true  char 
acter,  and  to  the  sudden  advent  of  Colonel  Fremont  into  that  country, 
and  to  the  celerity  with  which  it  was  subdued.     And  from  these  will 
his  conclusions  be  drawn.     Will  he  exempt  us  from  the  charge  "  that 
the  war  originating  in  a  spirit  of  rapine  and  conqaest,  an  insurrec 
tion  was  covertly  fomented,  as  part  of  the  general  scheme  of  extend 
ed  dominion. 

Let  us  not  hasten  to  invoke  the  justice  of  history.  Her  judgment 
will  not  exempt  us  from  the  charge  of  a  desire  for  conquest  and  ac 
quisition.  Let  us  "  not  lay  that  flattering  unction  to  our  souls." 

One  word  more,  Mr.  President,  and  I  have  done.  California  is 
now  a  portion  of  our  country  beyond  the  power  of  reclamation.  It 
is  ours,  says  the  President,  by  conquest.  It  is  now  ours  by  a  treaty 
of  cession  ;  a  treaty  which  I  hope  may  be  confirmed.  That  country 
has  created  much  interest  in  the  public  mind,  and  I  apprehend,  is  much 
misunderstood.  Public  attention  is  directed  to  its  soil,  its  climate, 
its  resources,  and  its  wealth.  About  those  I  fear  there  is  little  know 
ledge  and  much  prejudice.  It  has  been  represented  as  an  emblem 
of  desolation — mostly  a  desert  waste,  destitute  of  herbage,  and  un 
fitted  for  cultivation.  A  narrow  strip  upon  the  Pacific,  between  the 
mountains  and  the  sea,  susceptible,  indeed,  of  culture,  but  offering  na 
inducements  for  us,  except  the  fine  harbors  indented  upon  the  coast. 
The  harbor  of  San  Francisco — perhaps  the  finest  in  the  world — 
embraces  all  that  is  essential  for  commerce  ;  and  beyond  this  advan 
tage,  nothing  was  to  be  gained  by  the  acquisition  of  California.  I 
do  not  so  understand  the  country,  of  extent  sufficient  for  an  empire, 
nor  do  I  believe  that  a  just  appreciation  of  its  value  has  been  enter 
tained.  Its  conformation,  its  resources,  and  its  capacity  tor  improve 
ment,  are  as  yet  little  known.  An  immense  basin  in  its  centre,  into 
which  flows  innumerable  streams  from  the  mountains  surrounding  it, 
is  yet  a  mystery  unsolved — a  wonder  unexplored.  Crossing  the  di 
viding  ridge  between  this  basin  and  the  Pacific  you  have  the  rich- 
valley  of  the  Sacramento  and  the  St.  Joaquin — a  line  upon  the  coast 
of  nine  degrees  of  latitude,  of  surpassing  fertility — mines  of  quicksil 
ver  of  great  value — with  a  climate  mild  and  genial,  and  offering  every 
inducement  for  enterprize,  and  culture,  and  improvement.  Within 
this  space  we  have  the  harbors  of  San  Francisco,  of  Monterey,  and 
of  St.  Diego,  giving  to  our  commerce  free  access  to  the  finest  ports 


15 

of  that  sea — and  affording  a  ready  and  direct  communication  with 
the  islands  in  the  Pacific,  and  the  ports  of  China  and  of  India.  With- 
the  enterprize  and  progress  of  the  present  age,  how  long  may  it  be 
before  much  of  our  trade  with  India  will  centre  in  the  ports  of ^Cali 
fornia,  and  control,  advantageously,  the  commerce  upon  the  whole  wes 
tern  coast  ?  Our  hardy  whalemen  will  also  use  these  ports  for  refit 
ting  and  supplying  their  ships.  Such  is  my  estimation  of  that  coun 
try,  now  irrevocably  ours.  It  has  not  proved  "  a  bloodless  acquisi 
tion  ;"  and  I  fear  not  a  just  one  ;  but  the  price  of  that  acquisition  must 
be  paid,  and  the  bill  now  under  consideration  provides  for  that  result- 


